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Boerne City Zoning Code

Sec. 3-9

Overlay districts.

A.

Procedures in the Historic District.

1.

Permitting procedures in the Historic District.

a.

Any construction activity requiring a permit shall also require a certificate of appropriateness by the historic landmark commission (the HLC).

b.

For all permits requiring a certificate of appropriateness, the applicant shall comply with the requirements for a certificate of appropriateness, as indicated in this chapter.

2.

Rezoning in the Historic District.

a.

The HLC shall not have the authority to approve or deny the specific use of a site.

b.

When considering applications for rezoning in the Historic District, the following criteria shall apply:

i.

The rezoning preserves the architectural integrity of the historic district.

ii.

The particular use shall only be permitted if it is compatible with and would not deteriorate the character and value of the district.

iii.

Design components, including parking, landscaping, pedestrian areas, lighting, signage, fences, walls and screening, shall be submitted in the form of a site plan. Such components shall comply with the design standards for the Historic District.

B.

Procedures in any overlay district other than the Historic District.

1.

Rezoning in an overlay district other than the Historic District.

a.

When considering applications for rezoning in an overlay district other than in the Historic District, the requested use shall not be a use that is prohibited in the overlay district.

b.

Rezoning shall be consistent with the purpose and intent of the overlay district.

c.

For special use permits, compliance with the Boerne Architectural Guidelines, Boerne Dark Sky Standards and/or City of Boerne Addition to the San Antonio River Authority Low Impact Development Manual may be required for site and building design, as applicable for the site in question and for the overlay district in which the site is located.

2.

Creative alternatives in an overlay district other than the Historic District.

a.

For applicants seeking a creative alternative to the standards of the UDC, the Boerne Architectural Guidelines, Boerne Dark Sky Standards, and/or City of Boerne Addition to the San Antonio River Authority Low Impact Development Manual may apply.

b.

These guidelines and standards shall be interpreted and applied by the design review committee in review and recommendation of any permit application, rezoning application or plat application where a creative alternative has been requested by the applicant.

c.

Creative alternatives do not allow for and cannot be employed to accommodate prohibited uses.

C.

Master sign agreements.

1.

Intent. Master sign agreements are intended to:

a.

Minimize visual clutter;

b.

Assist with wayfinding;

c.

Foster an organized and appealing streetscape in the city;

d.

Improve public spaces within key corridors and centers of the city;

e.

Grant multi-tenant and multi-lot projects a degree of flexibility in terms of sign placement and design, while still maintaining an aesthetic that is consistent with the project's location; and

f.

Provide for an efficient and prompt alternative for sign plan approval.

2.

Applicability. Projects that meet the size and locational criteria are eligible to enter into a master sign agreement.

a.

Location. Projects must have street frontage within the following overlay districts to be eligible to enter a master sign agreement:

i.

South Boerne Overlay District.

ii.

Scenic Interstate Corridor Overlay District.

iii.

Entrance Corridors Overlay District.

iv.

Heritage Corridor Overlay District.

b.

Size.

i.

Project size requirements for a master sign agreement are as follows:

(a)

Multi-tenant, nonresidential projects with a project area over fifty thousand (50,000) square feet; or

(b)

Mixed-use developments with a project area over fifty thousand (50,000) square feet.

3.

Submittal requirements.

a.

A master sign agreement, in the form of a letter signed by all property owners in the plan area, agreeing to the terms and to the attached sign plan, shall be submitted to the planning director.

b.

A sign plan covering the entire area included in the master sign agreement shall be submitted with the master sign agreement to the planning director for approval.

i.

The sign plan shall contain the following information:

(a)

The boundaries of the area of the master sign agreement.

(b)

The location, size, and height of all existing and proposed signs;

(c)

Description of development within the area of the master sign Agreement demonstrating the attributes of a unified commercial or industrial development; and

(d)

Demonstrated compliance with the criteria for approval, particularly the overall reduction in sign clutter by a reduction of fifty (50) percent in the number of freestanding signs.

4.

Decision. The planning director may approve, approve with conditions or deny the master sign agreement.

5.

Criteria for approval. The planning director may administratively approve a master sign agreement, provided that:

a.

All areas to be combined in the agreement are part of a clearly defined unified commercial or industrial development constructed as a single destination for customers and visitors. Attributes of a unified commercial or industrial development include but are not limited to:

i.

Common name identification to the public;

ii.

Shared parking provided throughout the development;

iii.

Sign structures utilized for shared signage, including identification of the common name of the development;

iv.

Physical layout of the development resulting in a cohesive development; and

v.

The area should not be the combination of disparate premises joined solely for the purpose of initiating a master sign agreement.

b.

The signage proposed pursuant to a master sign agreement must demonstrate an overall reduction in sign clutter as evidenced by a reduction of fifty (50) percent in the number of freestanding signs that would be allowed in the absence of a master sign agreement.

c.

For multi-tenant properties, no more than fifty (50) percent of the advertised message area may be used by one (1) tenant.

d.

All signs shall be constructed of materials so as to maintain a consistent architectural theme throughout the project area. They shall incorporate materials that are coordinated with other design features of the project area.

e.

A property can be subject to only one (1) master sign agreement.

6.

Recordation.

a.

The master sign agreement shall be recorded by the applicant in the official deed records for Kendall County, Texas.

b.

Sign permits shall not be issued for the subject property unless and until the applicant provides proof of recordation of the agreement.

7.

Appeals. Appeals of the decision of the planning director, regarding master sign agreements, shall be made in accordance with the appeals procedure of this chapter.

8.

Increases to sign space under the master sign program.

a.

Freestanding signs.

i.

When the number of signs proposed is fifty (50) percent less than the number of signs allowed, freestanding signs shall be granted the following increases:

(a)

For pylon signs, the maximum sign area is increased by twenty-five (25) percent and the maximum sign height is increased by twenty (20) percent.

(b)

For monument signs, the maximum sign area is increased by twenty (20) percent. The increase in sign area shall not cause the monument signs to be taller than the maximum height for a monument sign. The increase in sign area shall be accommodated by a wider sign.

b.

Building-mounted signs.

i.

Maximum total sign area per building wall does not change.

ii.

Maximum sign area for dimensional projecting signs is increased by twenty (20) percent per sign.

c.

Signs on accessory structures.

i.

Signs on entry features: Maximum sign area is increased by twenty (20) percent.

ii.

Perimeter wall signs: Maximum sign area is increased by twenty (20) percent.

iii.

Signs on detached canopies: Signs on detached canopies are not eligible for increased sign space or sign height.

(Ord. No. 2024-10, § 1(Exh. A), 8-27-2024)